Senate Bill S5912C

2017-2018 Legislative Session

Relates to agencies adopting emergency rules

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2017-S5912 - Details

See Assembly Version of this Bill:
A8470
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

2017-S5912 - Summary

Relates to agencies adopting emergency rules.

2017-S5912 - Sponsor Memo

2017-S5912 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5912
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2017
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   agencies adopting emergency rules

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
 the state administrative procedure act, paragraph (a) as added by  chap-
 ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
 of the laws of 1988, are amended to read as follows:
   (a) Notwithstanding any other provision of law, if an agency finds FOR
 A GOOD CAUSE that the immediate adoption of a rule is necessary [for the
 preservation of the public health, safety or general  welfare  and  that
 compliance  with  the  requirements  of  subdivision one of this section
 would be contrary to the public interest, the agency may  dispense  with
 all  or  part  of  such  requirements and adopt the rule on an emergency
 basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE  AGENCY
 MAY  DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF
 THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
   (I) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE  IS
 AN  EMERGENCY  THAT  POSES  AN IMMINENT AND SUBSTANTIAL THREAT TO PUBLIC
 HEALTH OR SAFETY; OR
   (II) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE A  JUDI-
 CIAL  DECISION,  FEDERAL  OR  STATE LAW OR RULE OR OTHER EXIGENT CIRCUM-
 STANCES REQUIRE AN AGENCY TO IMMEDIATELY CREATE OR CHANGE  A  RULE  UPON
 WHICH THE PUBLIC CAN RELY; OR
   (III)  THE  USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE IT IS
 NECESSARY FOR AN AGENCY TO ADOPT A RULE IMMEDIATELY IN ORDER TO  FULFILL
 ITS LEGAL OBLIGATIONS; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11460-01-7
              

co-Sponsors

2017-S5912A - Details

See Assembly Version of this Bill:
A8470
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

2017-S5912A - Summary

Relates to agencies adopting emergency rules.

2017-S5912A - Sponsor Memo

2017-S5912A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5912--A
     Cal. No. 979
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2017
                                ___________
 
 Introduced  by  Sens.  JACOBS, SERINO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Commerce, Econom-
   ic Development and Small Business --  committee  discharged  and  said
   bill  committed  to the Committee on Rules -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place in  the  order
   of third reading
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   agencies adopting emergency rules
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
 the state administrative procedure act, paragraph (a) as added by  chap-
 ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
 of the laws of 1988, are amended to read as follows:
   (a) Notwithstanding any other provision of law, if an agency finds FOR
 A GOOD CAUSE that the immediate adoption of a rule is necessary for  the
 preservation  of  the public health, safety or general welfare [and that
 compliance with the requirements of  subdivision  one  of  this  section
 would  be  contrary to the public interest, the agency may dispense with
 all or part of such requirements and adopt  the  rule  on  an  emergency
 basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
 MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
 THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
   (I)  THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS
 AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO  PUBLIC  HEALTH
 OR SAFETY; OR
   (II)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
 MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE  WITH  A
 JUDICIAL DECISION, FEDERAL OR STATE LAW; OR
   (III)  THE  DELAY  IN  ADOPTING THE RULE THROUGH THE USUAL RULE MAKING
 PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2017-S5912B - Details

See Assembly Version of this Bill:
A8470
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

2017-S5912B - Summary

Relates to agencies adopting emergency rules.

2017-S5912B - Sponsor Memo

2017-S5912B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5912--B
     Cal. No. 979
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2017
                                ___________
 
 Introduced  by  Sens.  JACOBS, SERINO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Commerce, Econom-
   ic Development and Small Business --  committee  discharged  and  said
   bill  committed  to the Committee on Rules -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place in  the  order
   of third reading -- again amended and ordered reprinted, retaining its
   place in the order of third reading
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   agencies adopting emergency rules
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
 the state administrative procedure act, paragraph (a) as added by  chap-
 ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
 of the laws of 1988, are amended to read as follows:
   (a) Notwithstanding any other provision of law, if an agency finds FOR
 A GOOD CAUSE that the immediate adoption of a rule is necessary for  the
 preservation  of  the public health, safety or general welfare [and that
 compliance with the requirements of  subdivision  one  of  this  section
 would  be  contrary to the public interest, the agency may dispense with
 all or part of such requirements and adopt  the  rule  on  an  emergency
 basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
 MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
 THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
   (I)  THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS
 AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO  PUBLIC  HEALTH
 OR SAFETY; OR
   (II)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
 MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE  WITH  A
 JUDICIAL DECISION, FEDERAL OR STATE LAW; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S5912C (ACTIVE) - Details

See Assembly Version of this Bill:
A8470
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

2017-S5912C (ACTIVE) - Summary

Relates to agencies adopting emergency rules.

2017-S5912C (ACTIVE) - Sponsor Memo

2017-S5912C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5912--C
     Cal. No. 101
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2017
                                ___________
 
 Introduced  by  Sens.  JACOBS, AKSHAR, DeFRANCISCO, MARCHIONE, SERINO --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee on Commerce, Economic Development and Small Business --
   committee discharged and said bill committed to the Committee on Rules
   -- ordered to a third reading, amended and ordered reprinted,  retain-
   ing  its  place  in  the  order  of third reading -- again amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  recommitted to the Committee on Commerce, Economic Development and
   Small Business in accordance with Senate Rule 6, sec.  8  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   agencies adopting emergency rules
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
 the state administrative procedure act, paragraph (a) as added by  chap-
 ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
 of the laws of 1988, are amended to read as follows:
   (a) Notwithstanding any other provision of law, if an agency finds FOR
 A GOOD CAUSE that the immediate adoption of a rule is necessary for  the
 preservation  of  the public health, safety or general welfare [and that
 compliance with the requirements of  subdivision  one  of  this  section
 would  be  contrary to the public interest, the agency may dispense with
 all or part of such requirements and adopt  the  rule  on  an  emergency
 basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
 MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
 THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11460-05-8
              

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